Family, powers of attorney and personal documents in Scotland

For an adult in Scotland who wants someone they trust to handle their money and affairs while they can still decide for themselves — when abroad, in hospital or simply needing help. It ends if you become incapable: under section 18 of the Adults with Incapacity (Scotland) Act 2000, a power that is not a continuing or welfare power has no effect while you are incapable. For that, a continuing or welfare power of attorney is certified and registered with the Office of the Public Guardian (Scotland), whose guidance is the first place to look. Signed on paper before one witness.

For a resident in Scotland unhappy with a council service or decision — bins, potholes, planning enforcement, noise, social work, council housing or poor handling of an earlier request: a formal complaint under the council's complaints handling procedure, saying what happened, what you have done so far and what you want the council to do. Use the council's online form if it has one. An investigated complaint is normally answered within 20 working days; if you are still unhappy after the council's final reply, the Scottish Public Services Ombudsman looks at complaints free of charge.

For someone in Scotland who disagrees with a Social Security Scotland decision on Adult Disability Payment, Child Disability Payment, Carer Support Payment or another Scottish benefit. A written request for a redetermination under section 41 of the Social Security (Scotland) Act 2018 — within 42 days for those three benefits, later only with a good reason: it names the determination, says why it is wrong and lists new evidence; a redetermination comes before any tribunal appeal. You can also ask free by phone or online. Posted by recorded delivery. Sold blank, as it may hold health data.

For someone in Scotland who has revoked a general or one-off power of attorney: a letter to a bank, building society, utility, landlord or any organisation the attorney has dealt with, saying the power has been revoked, asking them to stop accepting the attorney’s instructions and to confirm it in writing. It encloses a copy of the signed revocation and goes by recorded delivery, or by hand. Not for a continuing or welfare power registered with the Office of the Public Guardian (Scotland), which is ended through the OPG.

For someone in Scotland who gave a general or one-off power of attorney and wants to end it — they no longer need it, or no longer trust the attorney. The revocation ends the power from the day you sign it, and is signed before one witness so that it is self-proving. Give a copy to the attorney and to every bank or organisation that has dealt with them, so that no one goes on relying on the power. Not for a registered continuing or welfare power of attorney: the Office of the Public Guardian (Scotland) explains how to end one.

For anyone whose request to a Scottish public authority under the Freedom of Information (Scotland) Act 2002 was refused in whole or part, answered incompletely or not answered within 20 working days: a requirement for review under section 20 of the Act, giving your reasons and asking for the outcome within 20 working days. It is the step before an application to the Scottish Information Commissioner. Send it by email to the authority's FOI address within 40 working days of its reply, or of the date its reply was due.

For anyone who wants information held by a Scottish public authority — the Scottish Government, a council, a health board, Police Scotland, a school or a university: a request under the Freedom of Information (Scotland) Act 2002, also covering environmental information, asking for a reply within 20 working days (Scottish bank holidays excluded). No reason is needed. Many authorities have their own online form or FOI email address, free. A UK-wide body such as HMRC or the DWP answers under the UK Act instead: use the Freedom of information request to a public authority (UK).

For anyone in Scotland aged 16 or over who is changing their first name, surname or both — after marriage, divorce or by choice — and needs proof for their bank, employer, HM Passport Office or DVLA. In Scotland no deed poll is needed: a statutory declaration, declared before a notary public or a justice of the peace, records the change, and HM Passport Office accepts one. If you were born or adopted in Scotland, National Records of Scotland can also record the change against your birth record, by post, for a fee; its form is the official route for the register.

For a parent or anyone else with parental responsibilities and rights who is not going on the trip: a signed letter consenting to a child travelling abroad with the other parent, grandparents or a school. In Scotland no one may take a child under 16 who lives here habitually out of the United Kingdom without the consent of a person who has the right to have the child living with them or to keep in contact — of both parents, where both have it (Children (Scotland) Act 1995, s 2(3) and (6)). There is no official form. The letter names the child, the trip and the dates, and gives your telephone number so that border staff or an airline can check it.

For anyone in Scotland asked by a bank, employer, council, DVLA or another organisation to confirm facts by statutory declaration — a lost document, living together, a name used, an address or a family link. You write the facts in numbered paragraphs; the document adds the closing words of the Statutory Declarations Act 1835. In Scotland you declare it in person before a notary public or a justice of the peace — a solicitor only if they are also a notary — and no fee is set by law, so ask the charge first.

For a parent in Scotland changing the name of a child under 16 — after a divorce, in a new family or at the child’s wish. A statutory declaration by a parent with parental responsibilities and rights, declared before a notary public or a justice of the peace: it records the old and new names, whether every other person with parental responsibilities and rights agrees or the court has allowed the change, and that the child’s views were considered. If the child was born in Scotland, National Records of Scotland can also record the change on its own form, by post. From 16 a young person makes their own declaration.

For someone in Scotland who needs another person to act for them in one matter only — selling a car, signing a contract, dealing with a bank account or a property sale while they are abroad. The power names the matter, what the attorney may sign and when it ends, and is signed before one witness so that it is self-proving. Like every power that is not a registered continuing power, it has no effect while you are incapable (Adults with Incapacity (Scotland) Act 2000, s 18). If a letter of authority or the organisation’s own free form will do, use that first.

For anyone whose request under the Freedom of Information Act 2000 — to a public authority in England, Wales or Northern Ireland, or a UK-wide body — was refused in whole or part, answered incompletely or not answered within 20 working days: a request for an internal review, giving your reasons and asking for the outcome within 20 working days, the step before a complaint to the Information Commission (the ICO). Send it by email within 40 working days of the reply. A Scottish public authority’s answer is reviewed under the Freedom of Information (Scotland) Act 2002 instead: use the Scottish requirement for review.

For a homeowner, tenant or landlord asked to confirm in writing that a person — a partner, grown-up child, relative or lodger — lives at the address, often for a bank account, a phone contract, a school or a GP registration. The UK has no residence certificate, so organisations ask for bills or statements, and some accept a letter like this; ask them first what they accept. The letter states since when the person has lived there and gives your contact details.

For a claimant in England, Wales or Scotland who disagrees with a DWP decision on Universal Credit, Employment and Support Allowance, Jobseeker's Allowance, another DWP benefit or, in England and Wales, Personal Independence Payment. A written request to look again at the decision, within one month (or up to 13 months with reasons): it says why the decision is wrong, lists new evidence and asks for DWP's evidence and a mandatory reconsideration notice. The journal and DWP's own form are free. Posted first class. Not for Social Security Scotland's benefits, such as Adult Disability Payment: they have a redetermination. Sold blank, as it may hold health data.

For anyone who wants information held by a council, government department, NHS or HSC body, police force, school or other public authority in England, Wales or Northern Ireland, or a UK-wide body, including its offices in Scotland: a request under the Freedom of Information Act 2000, also covering environmental information, asking for a reply within 20 working days. Many authorities have their own free online form or FOI email address. A Scottish public authority — the Scottish Government, a Scottish council, NHS Scotland or a Scottish school — answers under the Freedom of Information (Scotland) Act 2002 instead: use the Scottish request for it.

For anyone who wants a relative, friend or carer to speak to their bank, energy or phone company, council or landlord for them: a signed letter naming the person, the accounts or matter, and whether they may only discuss it and receive information or also give instructions. It lets the organisation share your personal data with them, and you can withdraw it at any time. Many organisations have their own free form; use that if they ask.

For a parent or other person with parental responsibility who agrees that the other parent, or someone else, may apply for a British passport for the child. Usually one person with parental responsibility signs the application, but HM Passport Office may ask for the consent of everyone who has it — for example after a separation. The letter names the child and the applicant, gives your contact details and encloses a copy of your ID. Send it with the application, or as HMPO asks.